18. On 22 October 2003, the day a response was due to the show cause order, board
personnel Yolunda Townes phoned counsel for Sibner, Ms. Orzechowski, to inquire whether the
party Sibner intended to respond to the show cause order.
19. Ms. Orzechowski informed Ms. Townes that the parties had settled and that the
senior party had assigned the involved senior party application to the junior party.
20. Later the same day, Sibner filed a copy of an assignment and a copy of a sealed
settlement agreement (Papers 19 and 20).
21. According to the assignment, Gilbert’s real party in interest Discus Dental is said to
have assigned the Gilbert application to Jeffrey A. Sibner (Paper 19).
22. Still, no paper was submitted on the day the response to the show cause order was
due indicating that adverse judgment against the party Sibner was not appropriate.
23. The APJ, through Ms. Townes, requested that Ms. Orzechowski contact the APJ as
soon as possible to avoid having adverse judgment entered against Sibner.
24. The APJ attempted to reach Ms. Orzechowski on 28 October 2003.
25. Ms. Orzechowski was unavailable, and instead a conference call was held that day
between the APJ and backup counsel for Sibner, Mr. Sofocleous.
26. Mr. Sofocleous informed the APJ that Ms. Orzechowski intended to file a request for
an extension of time to file a response to the show cause order.
27. A conference call was held on 29 October 2003 between the APJ and Ms.
Orzechowski.
28. Ms. Orzechowskil requested an extension of time to respond to the show cause order
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Last modified: November 3, 2007